Georgia Motorcycle Accident Lawyer

Georgia laws that often come up in a motorcycle claim

• Helmets and eye protection. Every operator and passenger must wear approved protective headgear, and eye protection unless the motorcycle has a windshield (O.C.G.A. § 40-6-315).
• Lane rights. A motorcycle is entitled to the full use of a lane, and other drivers may not crowd it out. Two motorcycles may ride side by side in one lane, but riding between lanes or between rows of vehicles is not allowed, and riders must keep headlights and taillights on at all times (O.C.G.A. § 40-6-312).
• Left turns. A driver turning left must yield to oncoming vehicles, motorcycles included, that are in the intersection or close enough to be an immediate hazard (O.C.G.A. § 40-6-71).
• Shared fault. If you are partly responsible, your damages are reduced by your percentage of fault, and you cannot recover if you are 50 percent or more at fault (O.C.G.A. § 51-12-33).

Helmets and your claim

Georgia's helmet law sets a safety requirement for riding. It does not say that a missing or non-compliant helmet ends an injury claim, and it does not decide who caused the crash. An insurer may still argue that a helmet would have reduced your injuries, and how much that argument matters depends on the facts, including what kind of injuries you have. We look at it carefully in every case.

Insurance that may apply

• The at-fault driver's liability insurance.
• Your own uninsured/underinsured motorist (UM) coverage. In Georgia, UM coverage generally applies in addition to the at-fault driver's liability limits, unless the policyholder chose a reduced-by option in writing (O.C.G.A. § 33-7-11). Which policies apply depends on their terms, so we review every policy in your household.
• Hit-and-run crashes. UM coverage can apply when the driver is never identified, but Georgia requires either physical contact with the other vehicle or an eyewitness, other than you, who confirms what happened, and the crash must be reported as Georgia's accident-reporting law requires (O.C.G.A. § 33-7-11).

What to do after a motorcycle crash

• Get medical care right away and follow your treatment plan. Some injuries are not obvious at first.
• Report the crash to police and write down the report number.
• Photograph the scene, the vehicles, your motorcycle, your helmet and your gear. Keep damaged gear instead of repairing or throwing it away.
• Collect names and phone numbers of witnesses, and note any nearby cameras.
• Notify your own insurer as your policy requires. You are not required to give a recorded statement to the other driver's insurer, and it is wise to speak with a lawyer before you do.
• Keep your medical bills, records of missed work and repair estimates together.

Deadlines

Most Georgia personal injury lawsuits must be filed within two years (O.C.G.A. § 9-3-33). Claims for damage to your motorcycle and gear generally have four years (O.C.G.A. § 9-3-31).

If a city, county or state vehicle or roadway is involved, written notice may be required much sooner: within six months for a city (O.C.G.A. § 36-33-5) and within 12 months for a county (O.C.G.A. § 36-11-1) or the State (O.C.G.A. § 50-21-26). Other rules can shorten or extend these periods, so it is safer not to wait.

Legal update: medical expenses after April 21, 2025

For injuries arising on or after April 21, 2025, a new Georgia law changes how medical expenses are proven in an injury lawsuit. Recovery is limited to the reasonable value of medically necessary care, and the evidence can include both the amounts billed and the amounts needed to satisfy those bills under your health insurance, whether or not the insurance was used (O.C.G.A. § 51-12-1.1). Injuries that arose before that date are governed by the prior law.

How SinghToro Law can help

We investigate how the crash happened, document your injuries and losses, identify every insurance policy that may apply, and handle communications with insurers so you can focus on recovering. Our principal attorney, Vishay Singh, Esq., is admitted to the Georgia Bar.

Consultations are free and confidential, and we work on a contingency fee: there is no attorney's fee unless we recover for you.